Legal Opinion
Ross v. Davis
New York Supreme Court
Decided January 13, 1931PublishedCited by 2 opinions
1Opinion of the CourtHinkley, J.
The question presented upon this trial is whether the defendants Clark are liable in the event of a deficiency after a sale upon mortgage foreclosure.
The basic facts are not in dispute. Defendants Davis gave to plaintiff a bond and mortgage upon certain real estate, due August 31, 1928. The defendants Davis conveyed the premises to the late George B. Burd, an attorney at law, subject to the Hen of the mortgage but he did not assume nor agree to pay the mortgage. After maturity of the mortgage the property was conveyed to the defendants Clark who did assume and agree to pay the mortgage.
The…
2Cases cited9 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Murray v. . MarshallNew York Court of Appeals · 1884
- King v. WhitelyNew York Court of Chancery · 1843
- Trotter v. . HughesNew York Court of Appeals · 1854
- Metzger v. . Nova Realty Co.New York Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Somers v. AvantSupreme Court of Georgia · 1979
- Clark v. SeligmanNew York Supreme Court · 1937